No action in Afghan veterans Article 32 hearing

A long day of testimony yielded no action in the case of a decorated Afghanistan veteran facing multiple charges for his alleged involvement in the July 27, 2011, recording of Marines urinating on the corpses of three Taliban fighters.

A long day of testimony yielded no action in the case of a decorated Afghanistan veteran facing multiple charges for his alleged involvement in the July 27, 2011, recording of Marines urinating on the corpses of three Taliban fighters.

Marine Sgt. Robert Richards faced an Article 32 hearing aboard Camp Lejeune on Tuesday for his alleged misconduct during a counter-insurgency operation in Afghanistan in 2011.

“He wished they had not done that video,” Richards’ civilian defense attorney Guy Womack said after the hearing. “It was black humor.”

After nearly nine hours of testimony from fellow Marines, investigating officer Lt. Col. Christopher Greer announced that a recommendation regarding the case may not be issued until at least Friday.

According to the prosecuting attorney, Maj. Michael Libretto, on July 27, 2011 in Sandala, Afghanistan, 3rd Battalion, 2nd Marines, Scout Sniper Team 4 conducted a reconnaissance patrol where Richards was the patrol leader. Numerous elements of his command were present on the patrol to include his platoon sergeant, platoon commander and two commissioned officers.

“During the conduct of the patrol, a number of engagements took place... some appropriate, some inappropriate,” Libretto said in his opening statement.

Charges against Richards include failure to properly supervise junior Marines, failure to require Marines to wear proper gear, failure to report misconduct of junior Marines, failure to stop excessive and indiscriminate firing of weapons, wrongful urination and wrongfully posing for an unofficial photograph with human casualties.

The first witness called to the stand, Sgt. Edward Deptola, was the platoon sergeant of Team 4 during the Sandala mission. Deptola, who pleaded guilty in January to his involvement in the incident, said the mission in July was an “enemy interdiction operation” planned by Richards among others.

The Marines urinating on the corpses drew worldwide condemnation after video of the incident quickly spread after being posted to YouTube.

When he spoke of his involvement in urinating on the dead Taliban fighters Deptola said “killing them wasn’t enough.”

Womack, a retired Marine lieutenant colonel, said Marines turn to black humor during high stress situations.

“We use it as a coping mechanism,” Womack said.

But the filmed incident, while high-profile, is not the only action being question: Did Richards’ sniper team use excessive force in light of reports the unit did not physically receive enemy fire?

Col. Christopher Dixon, the former Battalion Commander of 3rd Battalion, 2nd Marines testified via phone that if the Marines were indeed not fired at, “Yeah, it was excessive.”

Matthew Bostrom, a former corporal from New Hampshire, countered that the firing was not excessive.

“I took my Marine brothers words there were armed targets,” said Bostrom, who testified he did not personally see incoming fire.

A prior enlisted captain, Edward Leslie received the radio transmissions from Richards’ radio operator the day of the incident. He described their mission as “kicking the hornets’ nest.”

Page 2 of 3 - During the cross-examination, Dixon, the former battalion commander credited Richards with being mature and innovative with tactics. He had recommended Richards for a Bronze Star for his actions in combat.

Womack reiterated in closing arguments that at all times Richards’ platoon sergeant and platoon commander were present.

“They did the safest and smartest things they could do,” Womack said.

Contact Daily News Military Reporter Thomas Brennan at 910-219-8453 or thomas.brennan@jdnews.com. Follow him on Twitter @thomasjbrennan.

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Testimony is underway in an Article 32 hearing for a Camp Lejeune Marine accused of urinating on corpses in Afghanistan.

Sergeant Robert W. Richards was charged Jan. 29 with dereliction of duty, violation of a lawful general order, and conduct prejudicial to the good order and discipline of the armed forces. The alleged misconduct centers around Richards taking improper photographs of human casualties, including a video recording of him and other Marines urinating on human casualties; the indiscriminate firing of weapons; failure to properly supervise fellow Marines, and failure to report misconduct.

Col. Christopher Dixon, the battalion commander for 3rd Battalion, 2nd Marines at the time, testified that it was his understanding that the troops were not supposed to pick up or fire enemy weapons.

“Nothing limits your inherent right to self-defense,” he said in regards to using the PKM machine gun.

In January 2012, an amateur video appeared on YouTube depicting four Marines urinating on three dead bodies. Captions identified the bodies as deceased Tabliban.

Three Marines pleaded guilty in August 2012 at Article 15 Non-Judicial Punishment hearings to various offenses, to include urinating on a deceased Taliban fighter’s body, wrongfully posing for a photograph with human casualties, wrongfully recording the incident on video, failing to report mistreatment, false official statements and violating orders.

Punishments included reduction in rank, forfeiture of pay and punitive letters for permanent placement in the Marines’ record books.

Staff Sgt. Joseph W. Chamblin and Staff Sgt. Edward W. Deptola, who testified today against Richards, were charged for allegedly urinating on the deceased Taliban fighters, being derelict in their duties by failing to properly supervise junior Marines, failing to require junior Marines to wear their personal protective equipment, failing to stop and report the misconduct of junior Marines, failing to report the negligent discharge of a grenade launcher, and failing to stop the indiscriminate firing of weapons. Deptola was also charged with failing to stop the unnecessary damaging of Afghan compounds and wrongfully and indiscriminately firing a recovered enemy machine gun.

Chamblin pleaded guilty to Article 92, Dereliction, for failing to properly supervise junior Marines and wrongfully posing for photographs with human casualties. He also pleaded guilty to Article 134, General Article, for wrongfully urinating on the body of a deceased enemy combatant. The military judge awarded a sentence of 30 days confinement, 60 days restriction, forfeiture of $500 per month for six months, a fine of $2,000, and reduction to lance corporal. Pursuant to a pre-trial agreement with Lt. Gen. Mills, the maximum sentence that may be approved is forfeiture of $500 per month for one month, and reduction to sergeant.

Page 3 of 3 - Deptola pleaded guilty to Article 92, Dereliction, for failing to properly supervise junior Marines and wrongfully posing for photographs with human casualties. He also pleaded guilty to Article 134, General Article, for wrongfully urinating on the body of a deceased enemy combatant and wrongfully and indiscriminately firing a recovered enemy machine gun. The military judge awarded the following sentence: six months confinement, reduction to private, $5000 fine and an additional six months confinement if the fine is not paid, and a bad conduct discharge. Pursuant to a pre-trial agreement, the maximum sentence that may be approved is reduction to sergeant.

Captain James V. Clement was charged with dereliction of duty, violation of a lawful general order, and conduct unbecoming an officer and gentleman for failing to properly supervise junior Marines, failing to stop the misconduct of junior Marines, and failing to report misconduct. Clement was also charged with making false statements to a Naval Criminal Investigative Service investigator.

The date of his Article 32 hearing is to be determined but officials estimate it'll be next month.